Case law意思

Case law, also known as common law or judicial precedent, refers to the body of law that is derived from judicial decisions of courts and similar tribunals. It is a key component of the legal system in many countries, particularly those with a common law tradition, such as the United Kingdom, the United States, Canada, Australia, and others.

In a common law system, when a judge hears a case and issues a decision, that decision becomes a precedent that guides how future cases with similar facts should be decided. This process of using past decisions to inform the resolution of current cases is known as stare decisis, which means "let the decision stand" in Latin.

Case law can cover a wide range of legal issues, from criminal law and civil law to administrative law and constitutional law. It is constantly evolving as new cases are decided and old precedents are overturned or refined.

Here are some key points about case law:

  1. Precedential Value: Case law is binding on lower courts within the same jurisdiction. For example, a decision made by a higher court in a state will be binding on all lower courts in that state.

  2. Persuasive Value: Case law from other jurisdictions or lower courts may be used to persuade a judge in a current case, even if it is not binding.

  3. Development of Law: Case law plays a crucial role in the development of the law, as it allows for the refinement and adaptation of legal principles to changing societal norms and circumstances.

  4. Accessibility: Case law is generally accessible to the public, and legal databases like Westlaw, LexisNexis, and Bloomberg Law provide access to millions of court decisions.

  5. Interpretation: Case law can provide insight into how laws are interpreted by the courts, which is important for understanding the application of statutes and regulations.

  6. Specialized Areas: In addition to general case law, there are specialized areas such as tax law, intellectual property law, and international law, where case law is particularly important for understanding the application of complex legal principles.

  7. Appellate Courts: Decisions made by appellate courts are especially influential because they set precedents that lower courts must follow.

  8. Supreme Court Decisions: In countries with a unified court system, decisions made by the highest court (such as the Supreme Court in the United States) are binding on all courts within that system.

Case law is an essential resource for lawyers, judges, and legal scholars, as it provides a rich source of information about how the law has been applied in specific situations. It is also important for anyone who wants to understand how the legal system works and how it affects their rights and responsibilities.